Landlord Can Remove Tenant's Second Indoor Parking Space

Landlord asked for permission to reduce services to tenant's apartment with an appropriate rent reduction. Tenant and her husband got two indoor parking spaces when they rented their apartment in 1975. Tenant's husband died in 1990, and tenant then used only one car. The DRA ruled for landlord and reduced tenant's rent by $15 per month. Tenant appealed, claiming that she needed two spaces. Her daughter was also a tenant in the building and lived there part of the year. She wanted to use the second space for her daughter. The DHCR ruled against tenant. There was no question that tenant now had only one car and used only one parking space. Other tenants may still be waiting for a first parking space. The fact that tenant might have visitors, including family members, who might benefit from tenant's second parking space, didn't justify refusal to permit a reduction in services.

Epstein: DHCR Adm. Rev. Dckt. No. OF710043RT (3/29/01) [2-pg. doc.]